W.P.(C) NO. 25396 OF 2023 1 2025:KER:25494 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 25396 OF 2023 PETITIONER/S: J AND B ENGINEERING AND CONSTRUCTION COMPANY KUTTUR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGING PARTNER SRI.K.A.ABRAHAM, AGED 69 YEARS, S/O.LATE K.J.ABRAHAM, RESIDING AT KUNNUKANDANTHIL HOUSE, KUTTOOR P.O., THIRUVALLA, PIN - 689106 BY ADVS. N.JAMES KOSHY ALEX ABRAHAM RESPONDENT/S: 1 KERALA WATER AUTHORITY 'JALABHAVAN', VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 695033 2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, KOTTAYAM COLLECTORATE, KOTTAYAM, PIN - 686002 3 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, MALAPPURAM CIVIL STATION, MALAPPURAM, PIN - 676505 4 THE FINANCE MANGER AND CHIEF OFFICER KERALA WATER AUTHORITY, 'JALABHAVAN', THIRUVANANTHAPURAM, PIN - 695033 W.P.(C) NO. 25396 OF 2023 2 2025:KER:25494 5 M/S.COCHIN STEEL INDUSTRIES COMPLEX KIZHAKKAMBALAM P.O., ALUVA REPRESENTED BY ITS PROPRIETOR M.M.VARGHESE, PIN - 683562 BY ADV. GEORGIE JOHNY - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 25396 OF 2023 3 2025:KER:25494 D. K. SINGH, J. -------------------------- W.P.(C) No. 25396 of 2023 ------------------------- Dated this the 24th day of March, 2025 JUDGMENT 1. In compliance of the order dated 17.03.2025, an affidavit of the Managing Director, Kerala Water Authority dated 21.03.2025 has been tendered today in the Court. Paragraph No. 5 of the said affidavit reads as under; 5. The CC 9th bill with gross amount was received in Head Office on 28.12.2023 and assigned seniority no. 55 under the head of account “Optimization of production and transmission.” The bills under this head of account are released based on the budget allocation received from GoK and considering the seniority. The bill was e-submitted in BIMS on 08.02.2025 since the bill amount was more than Rs. 25.00 Lakh the bill was pushed to Bill Discounting System (BDS) and the contractor have opted the BDS for the release. Based on this the bill was submitted to treasury on 18.03.2025, in related to the released of bill amount KWA have cleared all steps and it is expected that the amount through BDS will be received through bank to the petitioner within 10 days. 2. In view of the aforesaid undertaking, nothing survives in this writ petition and the same is hereby closed in terms of the W.P.(C) NO. 25396 OF 2023 4 2025:KER:25494 undertaking in paragraph No. 5 of the affidavit of the Managing Director, Kerala Water Authority tendered before this Court today. Sd/- D. K. SINGH JUDGE Svn W.P.(C) NO. 25396 OF 2023 5 2025:KER:25494 APPENDIX OF WP(C) 25396/2023 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE CONTRACTORS REGISTRATION CARD ALONG WITH RENEWAL OF REGISTRATION DOCUMENTS UPTO 31.03.2020 EXHIBIT-P2 TRUE COPY OF THE TRUE EXTRACT OF THE FIRM NO.1216/1991 DATED 13.04.2012 ISSUED BY THE REGISTRAR OF FIRMS, THIRUVANANTHAPURAM WITH RESPECT TO THE PETITIONER’S PARTNERSHIP EXHIBIT-P3 TRUE COPY OF THE DEED OF PARTNERSHIP DATED 03.05.2012 EXECUTED BETWEEN SRI.M.M.VARGHESE AND K.A.ABRAHAM EXHIBIT-P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF REGISTRATION OF FIRMS NO.1194/2012 DATED 17.05.2012 ISSUED BY THE REGISTRAR OF FIRMS EXHIBIT-P5 TRUE COPY OF THE REPRESENTATION DATED 22.10.2019 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DEMANDING UNDISPUTED 50% SHARE IN RESPECT OF THE WORK UWSS KOTTAYAM MUNICIPALITY EXHIBIT-P6 TRUE COPY OF THE REPRESENTATION DATED 23.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT-P7 TRUE COPY OF THE REQUEST DATED 12.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT-P8 TRUE COPY OF THE CERTIFICATE AS PER LETTER NO.PDK-AB1-369/2013 VOL.II DATED 04.06.2019 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE WORK UWSS TO KOTTAYAM MUNICIPALITY AND DETAILS OF THE PAYMENT TO BE RELEASED TO THE CONTRACTORS EXHIBIT-P9 TRUE COPY OF THE DETAILS OF PAYMENT TO BE RELEASED TO THE CONTRACTOR AS PER COMMUNICATION W.P.(C) NO. 25396 OF 2023 6 2025:KER:25494 NO.PDK-AB1-368/2013 VOL.II DATED 08.08.2019 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE WORK OF AUGMENTATION OF KUTTANAD WATER SUPPLY SCHEME EXHIBIT-P10 TRUE COPY OF THE WORK COMPLETION CERTIFICATE NO.DB2/SPAN/04/09 DATED 18.06.2015 ISSUED BY THE 3RD RESPONDENT IN RESPECT OF THE WORK SPAN- NABARD-WSS CHEEKODE ADJOINING VILLAGE PACKAGE I AND AMOUNT PAYABLE TO HIM EXHIBIT-P11 TRUE COPY OF THE ORDER IN A.R.NO.25/2021 DATED 23.07.2021 OF THE HON’BLE HIGH COURT OF KERALA EXHIBIT-P12 TRUE COPY OF THE AWARD DATED 27.04.2023 PASSED BY THE ARBITRAL TRIBUNAL ARISING OUT OF A.R.NO.25/2021 OF THE HON’BLE HIGH COURT OF KERALA EXHIBIT-P13 TRUE COPY OF THE REPRESENTATION DATED 02.05.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT-P14 TRUE COPY OF THE COMMUNICATION DATED 05.06.2023 SENT BY PETITIONER TO 2ND RESPONDENT EXHIBIT-P15 TRUE COPY OF THE REPRESENTATION DATED 13.06.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT-P16 TRUE COPY OF THE REPRESENTATION DATED 19.07.2023 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT-P17 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30310/2019 OF THE HON’BLE HIGH COURT OF KERALA EXHIBIT-P18 TRUE COPY OF THE LETTER DATED 06.06.2023 OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY TO THE PETITIONER